MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
7
the lives of the sailors on board the speedboat; that it was also reported that the crew
of the Winner were seen to be throwing suspicious parcels overboard, one of which
was recovered and found to contain a large quantity of cocaine; that all these elements
together amounted to reasonable grounds for the commander of the frigate to suspect
that he was in the presence of drug traffickers who had jettisoned their cargo before
attempting to escape; and that by using force to board the Winner and taking
appropriate coercive measures to control the crew and confine them to their cabins
and to take over and sail the ship, the commander of the frigate acted in strict
compliance with:
– the provisions of Article 17 § 4 of the Vienna Convention under which, if
evidence of involvement in illicit traffic is found after a ship has been boarded and
searched, appropriate action may be taken with respect to the vessel and the persons
and cargo on board,
– the provisions of the Law of 15 July 1994 as supplemented by the Law of
29 April 1996, which, in its general provisions (Articles 1 to 10) regulates recourse to
coercive measures comprising, if necessary, the use of force in the event of refusal by
a ship to submit to control and also, in the particular case of the fight against drug
trafficking (Articles 12 to 14), makes provision for the implementation of the control
and coercion measures provided for under international law.
Considering that, regard being had to the distinctly aggressive conduct of the captain
of the Winner in attempting to evade inspection by the French naval authorities, and to
the attitude of the crew members, who took advantage of the time thus gained to
eliminate any traces of the drug trafficking by deliberately throwing the evidence
overboard, the members of the commando unit who boarded the ship found
themselves in the presence of large-scale international trafficking and were likely at
any moment to come up against a hostile and potentially dangerous crew who could
threaten the security of their mission; that they were obliged to use their weapons in
response to the resistance put up by one of the ship’s crew; that it cannot be claimed
that Article 13 of the Law of 15 July 1994 as amended provides only for
administrative assistance measures and excludes any form of coercion in respect of
people when it stipulates in general terms that the competent maritime authorities are
authorised to carry out or have carried out ‘the inspection and coercion measures
provided for in international law’, and Article 17 § 4 (c) of the Vienna Convention
against Illicit Traffic in Narcotic Drugs [and Psychotropic Substances] expressly
mentions taking ‘appropriate action with respect to the persons on board’; that
although the nature of these measures is not specified, the text at least provides for the
possibility for the competent naval authorities to limit, if necessary, the freedom of the
boarded ship’s crew to come and go, otherwise the provision would be meaningless
and the safety of the men taking over control of the ship would be seriously
jeopardised; that it cannot be ruled out in the course of such operations against
international drug traffickers on the high seas that the crew may have weapons hidden
away and may seek to regain control of the ship by force; that consequently, confining
the members of the crew of the Winner – all but the wounded man, who was
transferred to the frigate – to their cabins under the guard of the commando unit, so
that the ship could be safely taken over and rerouted, fell within the appropriate
measures provided for in Article 17 § 4 (c) of the Vienna Convention.
Considering that the Law of 15 July 1994 necessarily requires some departure from
ordinary criminal procedure to allow for the specific needs of the effort to combat
drug trafficking by ships on the high seas, in keeping with the rules of international